System and Method for Updating User Availability for Wireless Communication Applications

ABSTRACT

Systems and methods for monitoring and updating user availability based upon presence and television viewing behavior are described herein. In one embodiment, a presence system is used to detect a user&#39;s presence to update the user&#39;s availability status. The availability status is then used to update a contact list, voicemail message, and/or busy message. In further embodiments, user preferences are used in combination with presence data to update the user&#39;s availability status. In still further embodiments, a user&#39;s television viewing behavior is used in combination with the presence data, user preferences, or both to update the user&#39;s availability status. Alternative embodiments provide systems and methods in accordance with the present invention for other interactive devices.

CROSS-REFERENCE TO RELATED APPLICATIONS

This patent application is a continuation of U.S. patent applicationSer. No. 11/548,811, filed Oct. 12, 2006, entitled “System and Methodfor Updating User Availability for Wireless Communication Applications,”now allowed, which is hereby incorporated by reference in its entirety.

TECHNICAL FIELD

The present invention relates generally to telecommunications systemsand, more specifically, to updating user availability for wirelesscommunication applications.

BACKGROUND OF THE INVENTION

Instant messaging clients are widely used and popular among Internetusers. Instant messaging allows a user to maintain a contact list.Typically, this contact list is populated with friends, family, and/orco-workers. Instant messaging allows users to quickly and easily send amessage to one or more of these individuals. Moreover, availabilityindicators are often used to notify users of the status of theircontacts, such as available, unavailable, and busy. Other more detailedindicators also have been implemented.

Instant messaging services are now offered for wireless telephonesubscribers. These services offer a mobile alternative with many of thesame features that are available with traditional computer-basedclients. In addition, mobile users can communicate with computer-basedusers directly. Mobile users also can communicate with computer-basedusers by forwarding instant messages from a user's computer to theirmobile device or vice versa.

Wireless service subscribers have a variety of other wirelesscommunication options such as push to talk (PTT), short message system(SMS) messaging, multimedia message system (MMS) messaging, voicemessaging, and traditional voice calls. PTT, for example, provides acontact list similar to instant messaging with the ability to contact auser via half-duplex voice communication. The availability indicatorsfor PTT are also similar to those of instant messaging. Traditionalvoice calls should continue to be the most prevalent wireless technologyused; however, these supplemental services provide alternatives forsituations in which a traditional telephone call is impractical.

Presence is another prevalent and fast growing technology field.Presence technologies have been implemented in a variety ofapplications. For example, security systems use a variety of sensors todetect the presence of potential thieves. By further example,Bluetooth-compatible mobile devices are capable of detecting a user'spresence in their automobile and automatically transferring phoneinformation including phonebook information and ongoing calls to theirautomobile's hands-free telephone system. Presence devices are also usedin museums, art galleries, zoos, and other exhibitions to providelocation-based information to patrons via a variety of means.Rudimentary presence determining features such as movement of a mouse orpressing a key on a keyboard are commonly used in computer systems toawake a computer from a standby or sleep mode.

Presence technology also has been used to determine a televisionviewer's like or dislike for a particular television show or movie byexamining the behavioral and emotional responses of the viewer. Sometelevision presence systems provide ratings information similar toNielsen ratings, while others provide digital video recordingfunctionality such as digital bookmarks for particular parts of a showor movie for which a television viewer behaviorally or emotionallyindicates their preferences.

As briefly described above, the state of the art does not allow forupdating the availability of one or more users for wirelesscommunication applications based in part upon a user's presence relativeto an interactive device. Thus, a heretofore unaddressed need exists fora system and method for providing user availability for a variety ofwireless communication applications based upon a user's presencerelative to an interactive device.

SUMMARY OF THE INVENTION

The present invention provides exemplary systems and methods forupdating user availability for wireless communication applications basedin part upon a user's presence. According to one embodiment of thepresent invention, a presence system includes means for determiningpresence in communication with at least one interactive device via anymeans for connection. The presence system further includes a signalinput configured to receive a signal and transmit it to the interactivedevice. The presence system further includes a transceiver configured toallow communication between the interactive device and a communicationsnetwork.

The presence system is capable of monitoring user presence via any meansfor determining presence. The presence system further is capable ofdetermining an availability status for at least one mobile device user.The availability status can be sent from the presence system to at leastone requesting mobile device via the transceiver.

In some embodiments, the availability status is based at least in partupon presence data acquired from the means for determining presence. Inthese embodiments, the availability status also may be based, at leastin part, upon the viewing behavior of a user acquired through any meansfor determining presence.

A method for operating a presence system according to the presentinvention also is provided. In one embodiment, the method includes thesteps of monitoring via any means for determining presence the presenceof at least one mobile device user; sending presence data acquiredduring the monitoring step to at least one interactive device;generating an availability status for the mobile device user based atleast in part upon the presence data; and sending the availabilitystatus to at least one mobile device that is in communication with acommunications network.

In one embodiment, the method further includes the step of identifying auser based at least in part upon the presence data.

A mobile device also is provided. The mobile device includes a display,a speaker, a processor, a memory, and a wireless transceiver. Thewireless transceiver is configured to receive an availability statusgenerated by a remote presence system associated with a remote mobiledevice user.

In some embodiments, the availability status is used to update text onthe display. In other embodiments, the availability status is used toupdate a voice message for the remote mobile device user, the voicemessage being played through the speaker. In still other embodiments,the availability status is used to update a busy message for the remotemobile device user, the busy message being played through the speaker.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 illustrates a block diagram of a wireless communication system,according to an exemplary embodiment of the present invention.

FIG. 2 illustrates a component view of a presence system, according toan exemplary embodiment of the present invention.

FIG. 3 illustrates a flow chart of an exemplary method for monitoringpresence and television viewing behavior to update contact availabilityinformation, according to an exemplary embodiment of the presentinvention.

FIGS. 4 a-4 d illustrate exemplary contact screens for push to talk andinstant message communication services, according to an exemplaryembodiment of the present invention.

FIG. 5 illustrates a flow chart of an exemplary method for monitoringpresence and television viewing behavior to update voicemail and busymessages, according to an exemplary embodiment of the present invention.

DETAILED DESCRIPTION OF THE INVENTION

As required, detailed embodiments of the present invention are disclosedherein. It must be understood that the disclosed embodiments are merelyexemplary of the invention that may be embodied in various andalternative forms, and combinations thereof. As used herein, the word“exemplary” is used expansively to refer to embodiments that serve as anillustration, specimen, model or pattern. The figures are notnecessarily to scale and some features may be exaggerated or minimizedto show details of particular components. In other instances, well-known components, systems, materials or methods have not been describedin detail in order to avoid obscuring the present invention. Therefore,specific structural and functional details disclosed herein are not tobe interpreted as limiting, but merely as a basis for the claims and asa representative basis for teaching one skilled in the art to variouslyemploy the present invention.

Referring now to the drawings in which like numerals represent likeelements throughout the several views, FIG. 1 depicts a wirelesscommunication system 100, according to an exemplary embodiment of thepresent invention. The illustrated wireless communication system 100includes a user (User A) 102 and associated mobile device (MD A) 104. MDA 104 is in communication with a radio access network (RAN) 106. Themeans for wireless communication used by the RAN 106 can include, but isnot limited to, Time Division Multiple Access (TDMA), Code DivisionMultiple Access (COMA), Global System for Mobile communications (GSM),Wideband Code Division Multiple Access (WCDMA), Enhanced Data rates forGlobal Evolution (EDGE), General Packet Radio Service (GPRS), WiFi,Universal Mobile Telecommunication System (UMTS), IP MultimediaSubsystem (IMS) any combination thereof, and the like. Also incommunication with the RAN 106 is MD B 128. MD B 128 is associated withUser B 126.

A single RAN 106 is illustrated, however, it is contemplated that User A102 and User B 126 can be in communication, via their respective MDs104, 128, with RANs operating via different means for wirelesscommunication. The illustrated RAN 106 is in communication with an IPMultimedia Subsystem (IMS) 108. It should be understood that a gateway(not shown) may be provided for non-IMS compatible devices. The gateway,for example, may include GPRS support nodes such as a Serving GPRSSupport Node (SGSN) to allow access to IMS 108 via GPRS. Further, theMDs 104, 128 may be native IMS devices capable of attaching directly tothe IMS 108 without an intermediate network, such as RAN 106. Thesedevices would use 1Pv4 or 1Pv6 and run the appropriate SessionInitiation Protocol (SIP) user agents, as is known to those skilled inthe art.

The IMS 108 is also in communication with gateways 110 and 114. Gateways110 and 114 provide access to a Public Switched Telephone Network (PSTN)112 and the Internet or other IP network 116, respectively. Gateway 110can be any gateway capable of providing access from a packet switchednetwork (e.g., the IMS 108) to a circuit switched network (e.g., PSTN112). In addition, gateway 110 can provide access to a Public LandMobile Network (PLMN), which may comprise RAN 106. Gateway 114 canprovide access to other IP networks, such as another IMS network.

The wireless communication system 100 also includes a presence system118. The presence system 118 includes presence devices 120 that are incommunication with a television/set-top box (TV/STB) 122. TV/STB 122 maybe a single stand-alone unit or may comprise separate components inpresence system 118. The TV/STB 122 is in communication with theInternet 116 and/or a cable/satellite provider 130. A television signalis acquired from one or both of these sources.

It should be understood that presence system 118 can further includes anumber of devices in communication with the TV/STB 122. Additionally oralternatively, devices can be integrated into the TV/STB 122. Thesedevices can be, for example, any type of audio and/or video devicesknown to those skilled in the art.

The presence devices 120 are used to detect presence, identify users,and monitor user viewing behavior. The presence data is used to updatethe availability status of a user for wireless communicationapplications, for example, PTT and IM. In addition, the presence datacan be used to manipulate voicemail and busy messages for traditionalvoice calls.

The presence devices 120 can be any means for determining presence, forexample, a facial recognition device, a voice recognition device, afingerprint recognition device, a thermal imaging device, a motionsensor, a weight sensor, any combination thereof, and the like. Thepresence devices 120 are operatively linked to the TV/STB 122 viainternal or external means for connection 124. The means for connection124 can include, but is not limited to, infrared (IR), infrared dataassociation (1rDA), Bluetooth, WiFi, direct connection (e.g., serial,USB, Ethernet, IEEE 1394 Firewire), any combination thereof, and thelike.

Presence data acquired via presence devices 120 is transferred to TV/STB122. An availability status is determined based upon a variety offactors such as, but not limited to, user preferences, user presence,user viewing behavior, and user emotional response. In one embodiment,the availability status is then sent to the access network on which arequesting MD is attached. The access network (e.g., RAN 106) canreceive the availability status and update the requesting MD's contactlist to reflect the new status. This method is described in more detailwith respect to FIG. 3. In another embodiment, the availability statusis sent to a voicemail server (not shown) in the user's access network(e.g., RAN 106). The voicemail server can receive the availabilitystatus and update a voicemail message and/or busy message to reflect thenew status. This method is described in more detail with respect to FIG.5.

The availability status can be sent through a wireless transceiver incommunication with the access network or via a connection to an IPnetwork 116. This connection can be facilitated by any means forprovisioning internet service such as, but not limited to, DigitalSubscriber Line (DSL), cable, satellite, and the like. Moreover, thelocal connection can be wired and utilize Ethernet protocol, or wirelessand utilize IEEE 802.x wireless protocol(s).

Means for determining presence are now described in greater detail. Afacial recognition device as used herein is a device capable ofdetecting the presence of at least one person and in some applicationsthe identity of the person or persons. The facial recognition device canbe, for example, a video camera or a still camera. In some embodimentsthe camera is a low-resolution camera such as a web camera. The cameracan be used to create a base image. The base image can then be stored ina local camera memory or sent to a memory 204 of TV/STB 122 (as shown inFIG. 2). The base image can be, for example, an image of the normalviewing span of the camera. Moreover, the base image can be stored inmemory as any image format known to those skilled in the art. In use,subsequent image captures may show one or more persons in the image. Aprocessor, for example, a camera processor or a Central Processing Unit(CPU) 202 (as shown in FIG. 2) can acknowledge the foreign additions,thus indicating the presence of a user. It should be understood thatadditional intelligence, for example, the ability to distinguish ahousehold pet or a child from an adult user also can be implemented. Theability of the low resolution camera may be restricted to these featuresbased on the physical limitations of such a device. Thus alternatively,a higher resolution still or video camera may be utilized.

A higher resolution still or video camera can not only detect thepresence of a person, but also identify a particular person throughdistinguishable features. These features, commonly referred to in theart as nodal points are, for example, the distance between eyes, thewidth of the nose, the depth of the eye sockets, the cheekbones, the jawline, and the chin. There are roughly eighty nodal points on a humanface. The number of nodal points used in detecting one or more personsin the present invention may be any number that is appropriate for thenumber of users. For example, in single user homes the facialrecognition device need only detect the presence of a single person.Likewise, the distinguishing features of that person are not requiredand as such a web camera may be the most practical solution for thisapplication. In multi-user homes, however, a higher resolution camera isuseful in accurately mapping the nodal points of a user's face, thusproviding a base image to identify the user on subsequent occasions.Like the low-resolution camera embodiment, the present embodiment candetect the presence of a user via a similar method, after which thehigher resolution camera can focus on the user's face foridentification. A base image also may be acquired although in thisembodiment (i.e., actual facial recognition), additional steps arenecessary to accurately map the nodal points of a user's face. It iscontemplated that setup and/or calibration procedures can be used toestablish a user profile to which a base image of their face isassociated. The user profile may contain other information and will bediscussed as necessary herein. It should be understood that the facialrecognition device may contain additional functionality and may bemodified to adhere to certain implementation-specific restrictions.

After detecting the presence of a user and optionally the identity ofthe user, the facial recognition device can send the acquired image tothe TV/STB 122 via any means for connection 124. The TV/STB 122 receivesthe image and compares it with the base image stored in memory (e.g.,memory 204). As previously described, it is contemplated that the baseimage for a user can be associated with that user's profile. The userprofile and base image can be stored in a database 206 (as shown in FIG.2). It should be understood that the facial recognition softwareimplemented and the algorithms used to compare images can be any knownto those skilled in the art.

In addition to or as an alternative to, the facial recognition device,the presence system 118 may include a voice recognition device. Thevoice recognition device can be, for example, a wired or wirelessmicrophone in communication with the TV/STB 122. The microphone may becapable of distinguishing sounds emitted from the TV/STB 122 and soundsfrom one or more users. This is useful in avoiding false indications ofpresence. As such the microphone may be configured to intercept orreceive a duplicate of the audio signal received by the TV/STP 122 toaid in distinguishing these sounds. For example, the audio signalreceived directly from the source by the TV/STB 122 can be compared inreal-time to the sounds received by the microphone to determine if oneor more users are speaking

Like the facial recognition device, the voice recognition device may beused to detect the presence of at least one person and in someapplications the identity of the person or persons. The presence isdetected by simple voice recognition. That is, a voice other than thoseproduced by the TV/STB 122 is detected. This can be useful for singleuser systems in which a voice need not be identified. If a voice isdetected, the presence system 118 can make a reasonable determinationthat a user is present.

In other embodiments the microphone may be accompanied by voicerecognition software. This is particularly useful in applications withmultiple users. The voice recognition software may contain setup and/orcalibration procedures to create a voiceprint for a user. This, as isknown to those skilled in the art, is often accomplished by a userreading one or more pre-determined phrases to create a voiceprint of theuser. Other methods for creating a voiceprint are contemplated. Thevoiceprint can be associated with a user profile.

Yet another presence device that is contemplated is a fingerprintrecognition device. The fingerprint recognition device can be, forexample, an optical scanner or a capacitance scanner. Other fingerprintrecognition types as known to those skilled in the art are alsocontemplated.

The fingerprint recognition device can be a stand-alone unit or can beintegral to a MD or remote control. The fingerprint recognition devicecan be in communication with the TV/STB 122 via any means for connection124. The fingerprint recognition device can be used to acquire a basescan. The base scan is an image of the ridges and valleys of a user'sfinger. Base scans can be stored in a fingerprint recognition devicememory or can be stored in memory 204 (as shown in FIG. 2). The basescan is compared to subsequent fingerprint scans to identify aparticular user. The fingerprint recognition device may be accompaniedby fingerprint recognition software. The fingerprint recognitionsoftware may facilitate setup and/or calibration procedures similar tothose previously described and may perform other functions known tothose skilled in the art. The base scan can be associated with a userprofile.

Still another presence device that may be included by presence system118 is a thermal imaging device such as, but not limited to, an IRcamera. The thermal imaging device is used to measure the body heat of auser. The average body temperature of a human is approximately 98.6degrees Fahrenheit and as such it may be difficult to distinguish oneperson from the next using thermal imaging. Thus, the thermal imagingdevice can be used comparatively to the low-resolution camera describedwith reference to a facial recognition device. That is, a base heatsignature can be acquired and stored in a memory of the thermal imagingdevice or in memory 204 (as shown in FIG. 2). The base heat signaturemay need to be replaced often due to fluctuations in the heat containedin, for example, furniture. Regardless of these restrictions, thepresence of a thermally imaged user is likely to invoke a detection ofpresence by the presence system 118.

The thermal imaging device also is capable of identifying a particularuser. This is accomplished using the height and/or shape of a user asshown in a user's heat signature. In this embodiment, a base heatsignature also is acquired and appropriately stored. In this embodimentthe base heat signature can be the profile of a user. That is, the sizeand shape of a user can be used to identify a user.

In either of the above embodiments that use a thermal imaging device,the base heat signature is compared to subsequent base heat signaturesduring detection of a user and/or to identify a particular user. Thethermal imaging device may be accompanied by thermal imaging software.The thermal imaging software may facilitate setup and/or calibrationprocedures similar to those previously described and may perform otherfunctions known to those skilled in the art. The base heat signature canbe associated with a user profile.

Another presence device that may be included in presence system 118 is amotion sensor. The motion sensor can be any type known to those skilledin the art.

The presence system 118 also may include a weight sensor. The weightsensor can be used to detect weight, for example, on furniture or on thefloor. This can be used to detect presence of a user and/or the identityof the user. A base weight, for example, may be obtained during aninitial measurement period in which the user is instructed to sit orstand on the weight sensor so that the weight sensor may obtain anaccurate measurement. This measurement can be mapped to a user'sprofile. When the user sits or stands on the weight sensor on subsequentoccasions the weight measurement is compared to the weight in the userprofile. It is contemplated that a weight range may also be used so asto account for a user's fluctuating daily weight. In alternativeembodiments, the weight sensor can be triggered by a threshold weightvalue. That is, an individual that weighs less than the threshold willnot trigger the sensor. Conversely, an individual that weighsapproximately equal to or more than the threshold will trigger thesensor. The weight sensor may be accompanied by software. The softwaremay facilitate setup and/or calibration procedures (such as an initialmeasurement period).

Referring now to FIG. 2, a component view of the presence system 118 isillustrated. The illustrated TV/STB 122 includes a CPU 202; operativelylinked to the CPU 202 is a memory 204 in which a database 206 is stored.The illustrated TV/STB 122 further includes a display 208 such as, butnot limited to, a liquid crystal display (LCD), a plasma display, aCathode Ray Tube (CRT) display, and the like; a modem 210 such as, butnot limited to, a cable modem, a digital subscriber line (DSL) modem, aV.90 modem, and the like; and a source 212 such as, but not limited to,a television signal source provided by cable/satellite provider 130.

The presence devices 120 are shown in communication with various inputsvia means for connection 124. The illustrated inputs are a port 214, aBluetooth transceiver 216, and a WiFi transceiver 218. The port 214 canbe a wireless transceiver (e.g., for communication with the RAN 106), aline-of-sight transceiver (e.g., IR and 1rDA), and/or a directconnection (e.g., serial, USB, IEEE 1394 Firewire, Ethernet). TheBluetooth transceiver 216 is configured to send and receive informationvia short range radio frequency in accordance with the Bluetoothprotocol standard, and the WiFi transceiver 218 is configured to sendand receive information via radio frequency in accordance with IEEE802.x protocol standards. It is contemplated that any of theabove-mentioned inputs 214, 216, 218 can be integrated into the TV/STB122 or can be provided as stand-alone units. The illustrated inputs 214,216, 218 are operatively linked (within the TV/STB 122) to the CPU 202.

The CPU 202 is configured to process instructions set forth by each ofthe presence devices 120 and the associated software. The CPU 202 isfurther configured to analyze a user's preferences, presence, viewingbehavior, and emotional responses in assigning an availability status toa user's MD.

The memory 204 can be any computer readable memory such as, but notlimited to, Read-Only Memory (ROM), Random Access Memory (RAM), or ahybrid of ROM and RAM. The capacity of the memory 204 can be selectedbased upon the complexity and/or the number of user profiles and userprofile content stored thereon. The database 206 can be, for example, ananalytic database, an operational database, a hierarchical database, anetwork database, or any combination thereof. User profiles can bestored in the database and may be categorized by any categorizationmethods or algorithms known to those skilled in the art and applicableto such an application.

As briefly and previously described, a user profile can contain one ormore identifying mechanisms in the form of base images, base scans, baseheat signatures, weight profiles, and the like. In addition, a userprofile can contain user preferences such as those for the TV componentand STB component of the TV/STB 122. User preferences for mobile device(MD) to TV/STB 122 communication and presence device 120 to TV/STB 122also may be set. For example, a user may elect only to use Bluetooth forcommunication between the user's MD and the TV/STB 122. By furtherexample, the user may elect to use direct connection via USB for each ofthe presence devices 120, wherein the presence devices 120 may includemultiple communication options. Alternatively or in addition, the userpreferences can be extended to television programming preferences(favorites), sound preferences, video preferences, and MD communicationpreferences.

MD communication preferences define a user's preferences relative to anumber of wireless communication scenarios. MD communication preferencescan be set by the user through, for example, an interface on the user'sMD or on the TV/STB 122. A number of MD communication preferences may bepre-set and a user may additionally add their own MD communicationpreferences and associated criteria. A user's MD communicationpreferences can be assigned an availability status. Some exampleavailability statuses are described below.

Do Not Disturb can be the availability status used during livetelevision shows and shows marked as such by a user. Do NotDisturb—Available in X Minutes can be the availability status usedduring a show or commercial, wherein X Minutes can be the number ofminutes until the end of the current show or the number of minutes untila commercial. Unavailable can be the availability status used toindicate a user's MD is powered off. Unavailable in X Minutes can be theavailability status used to indicate a show is starting in X Minutes ora commercial is ending in X Minutes, and that the user will not beavailable then. Available can be the availability status used toindicate that the user is available. Silent/Vibrate can be theavailability status used to indicate the user is available and theuser's MD is in a silent or vibrate mode. The abovementionedavailability statuses are shown as textual descriptions of theavailability status that may be, for example, displayed proximate to acontact in a contact list in PTT and/or IM applications. It should beunderstood, however, that the actual availability status of a user caninclude a bit string or character string distinguishable by thereceiving device.

With regard to the Available/Unavailable in X minutes availabilitystatuses, the number of minutes remaining until the user's availabilitystatus is changed can be determined at least in part by, for example,the indices that correspond to the beginning and end of a televisionshow or commercial. In embodiments that include a DVD player or othervideo media player, it is contemplated that the number of minutesremaining can be determined at least in part by, for example, theindices that correspond to the various chapters included in a typicalDVD movie. It is further contemplated that a timer may be implemented toallow for this feature.

The illustrated presence system 118 also includes MD A 104. MD A 104 isillustrated as being in communication with TV/STB 122 via means forconnection 124. The illustrated MD A 104 includes a wireless transceiver224, a WiFi transceiver 226, a Bluetooth transceiver 228, a port 230, amemory 222, and a user interface 232. All of which are operativelylinked to a CPU 220.

The wireless transceiver 224 is configured to communicate with the RAN106. The WiFi transceiver 226 is configured to send and receiveinformation via radio frequency in accordance with IEEE 802.x protocolstandards. The Bluetooth transceiver 228 is configured to send andreceive information via short range radio frequency in accordance withthe Bluetooth protocol standard and the port 230 can be, for example, aUSB port, an IR port, an 1rDA port, an IEEE 1394 Firewire port, an RJ-45port, any combination thereof, and the like. The port 230 is configuredto send and receive information in accordance with the correspondingstandard.

The memory 222 can be any computer readable memory such as, but notlimited to, Read-Only Memory (ROM), Random Access Memory (RAM), or ahybrid of ROM and RAM. The capacity of the memory 222 can be selectedbased upon the intended application. The memory can also be an internaland/or external memory and may be removable. The memory 222 may includea Subscriber Identity Module (SIM) that can store subscriber informationsuch as subscription information, subscription status, telephonenumbers, user preferences (which may include MD communicationpreferences), and the like.

The illustrated user interface 232 includes a display 234 (e.g., anLCD), a keypad 236 (e.g., a standard 12-key keypad), a speaker 238, anda microphone 240. It is contemplated that the user interface 232 caninclude other components known to those skilled in the art.

Referring now to FIG. 3, a flow chart of an exemplary method 300 formonitoring presence and television viewing behavior to update contactavailability information is shown, according to the present invention.It should be understood that the steps described herein with referenceto FIG. 3 are not limited to the order shown.

The illustrated method 300 begins at step 5302 and proceeds to step5304, where a user (e.g., user A 102) enters an area monitored by thepresence system 118. At step 5306, the presence devices 120 and/or MDare used to detect presence. The MD may also be used to power-on thepresence system 118 via any means for connection 124. At optional step5308, the identity of the user is determined utilizing any of theabovementioned means for determining presence. At step 5310, the user'spreferences are loaded. As previously described, user preferences mayinclude television programming preferences (favorites), soundpreferences, video preferences, MD communication preferences, and thelike.

The description provided above has highlighted the presence aspects ofthe present invention. To further aid in determining and assigning anappropriate availability status for a user, the presence system 118utilizes presence devices 120 to monitor and collect data with regard toa user's viewing behavior and their emotional state (5312). This data iscombined with presence data and stored at least temporarily in memory204. It is contemplated that algorithms may be utilized that are capableof categorizing a user's behavior and/or their emotional state basedupon feedback obtained via the presence devices 120. These algorithmsmay, for example, utilize a user's body language, facial expressions,vocal responses, or any number of other metrics to determine anappropriate category. Further, this analysis can be performed inreal-time, close to real-time, or in pre-determined intervals duringwhich measurements are obtained and subsequently categorized.

The categories derived from these measurement and analysis procedurescan be assigned to various availability statuses (8314). A portion ofthe contemplated availability statuses are described above, however, itshould be understood and it bears repeating that additional availabilitystatuses may be used. Moreover, the availability status can bedynamically updated in real-time or close to real-time. For example, ifa user is watching a television show the availability status may be DoNot Disturb. Further, if a commercial is pending or the end of the showis approaching, the availability status may be changed to Do NotDisturb—Available in X Minutes.

User preferences are also considered when assigning an availabilitystatus. For example, when a user leaves the room, presence is no longerdetected and as such the presence system 118 may determine and assign anew availability status of Not Available for the user. It iscontemplated, however, that a user preference may be available such thata user's availability is not updated for like situations or that anotheruser-defined or pre-set availability status is used in place thereof. Anexample of this might be a preference that updates the availabilitystatus to Away when a user leaves the room. Another example might be apreference that does not update the availability status unless the userdoes not return in X number of minutes. It is contemplated that avariety of other preferences can be offered as selectable by a user oruser-defined. Dynamic algorithms may be implemented to provide suchfeatures.

At step 5316, the availability status is sent via one or more networksto the requesting MD (e.g., MD B 126). The requesting MD receives theavailability status and updates the appropriate contact list(s) at step5318 and the method 300 ends at step 5320.

Referring now to FIGS. 4 a-4 d, exemplary contact screens 400 for pushto talk and instant message communication services are shown, accordingto the present invention. Each screen includes a soft button menu 402,which in the illustrated embodiments includes an Exit soft button and aSelect soft button that function to exit the current screen and selectthe highlighted contact, respectively.

Referring specifically to FIG. 4 a, a PTT contact list 404 is shown. ThePTT contact list 404 is shown as a possible contact list on a requestingdevice, for example, MD B 128. The illustrated PTT contact list 404includes Contact A (e.g., user A 102), Contact C, Contact D, and ContactE. Contact A has an availability status of Available, Contact C has anavailability status of Unavailable, Contact D has an availability statusof Silent/Vibrate, and Contact E has an availability status of Do NotDisturb—Available in 5 Minutes. The availability statuses of each of thecontacts are updated in real-time, close to real-time, or duringpre-determined intervals based upon at least one of user preferences,presence, what is being viewed, viewing behavior, and emotionalresponses of the monitored user.

Referring specifically to FIG. 4 b, a PTT contact list 406 is shown. ThePTT contact list 406 includes the same contacts as PTT contact list 404;however, PTT contact list 406 depicts updated availability statuses forContact A and Contact E. The availability status for Contact A ischanged from Available to Do Not Disturb (Watching TV). The availabilitystatus for Contact E is changed from Do Not Disturb—Available in 5Minutes to Available.

It is contemplated that the requesting user (e.g., user B 126) canreceive a notification such as, but not limited to, a message, anaudible tone, a flashing light emitting diode (LED), any combinationthereof and the like, to indicate a change in one or more availabilitystatuses. It is further contemplated that different notifications can beused for each contact. It is still further contemplated that therequesting user can modify the text associated with an availabilitystatus to reflect a custom text. In this case the availability statussent from the presence system 118 is unchanged. The associated textregardless of whether it is pre-set or user-defined, however, ischanged.

Referring specifically to FIG. 4 c, an IM contact list 408 is shown. TheIM contact list 408 is shown as a possible contact list on a requestingdevice, for example, MD B 128. The illustrated IM contact list 408includes Contact A (e.g., user A 102), Contact C, and Contact D. ContactA has an availability status of Online/Available to Chat, Contact C hasan availability status of Offline, and Contact D has an availabilitystatus of Online/Busy Watching TV—Available in 5 minutes. Theavailability statuses of each of the contacts are updated in real-time,close to real-time, or during pre-determined intervals based upon atleast one of user preferences, presence, viewing behavior, and emotionalresponses of the monitored user.

Referring specifically to FIG. 4 d, an IM contact list 410 is shown. TheIM contact list 410 includes the same contacts as IM contact list 408;however, IM contact list 410 depicts updated availability statuses forContact A and Contact D. The availability status for Contact A ischanged from Online/Available to Chat to Online/Busy Watching TV. Theavailability status for Contact D is changed from Online/Busy WatchingTV—Available in 5 minutes to Online/Available to Chat. The associatedtext displayed to reflect a user's availability can be dictated by theapplication as shown by the exemplary screens in FIGS. 4 a-4 d.

Referring now to FIG. 5, a flow chart of an exemplary method 500 formonitoring presence and television viewing behavior to update voicemailand busy messages according to the present invention is shown. It shouldbe understood that the steps described herein with reference to FIG. 5are not limited to the order shown.

The method 500 begins at step 5502 and proceeds to step 5504, where auser (e.g., user A 102) enters an area covered by the presence system118. That is, the area in which the presence devices 120 are capable ofmonitoring and the communication range between a user's MD (e.g., MD A104) and the TV/STB 122.

At step 5506, the presence devices 120 and/or MD are used to detectpresence. The MD may also be used to power-on the presence system 118via any means for connection 124. At optional step 5508, the identity ofthe user is determined utilizing any of the abovementioned means fordetermining presence. At step 5510, the user's preferences are loaded.

To further aid in determining and assigning an appropriate availabilitystatus for a user, the presence system 118 utilizes presence devices 120to monitor and collect data with regard to a user's viewing behavior andtheir emotional state (5512). This data is combined with presence dataand stored at least temporarily in memory 204. It is contemplated thatalgorithms may be utilized that are capable of categorizing a user'sbehavior and/or their emotional state based upon feedback obtained viathe presence devices 118. These algorithms may, for example, utilize auser's body language, their facial expressions, their vocal responses,or any number of other metrics to determine an appropriate category.Further, this analysis can be performed in real-time, close toreal-time, or in pre-determined intervals during which measurements areobtained and subsequently categorized.

The categories derived from these measurements and analysis procedurescan be assigned to various availability statuses (5514), similar tothose assigned with regard to PTT or IM wireless applications. However,instead of the availability status being used to update the textassociated with the availability of a contact in a contact list, theavailability status is used to determine which of a number of voicemailmessages and/or busy messages is to be used for a given availabilitystatus.

Present voicemail systems allow a user to record a voicemail message oruse a generic one provided by the service provider. A voicemail messageis played for a calling user when the called user is unavailable.Further, present voicemail systems also allow a user to record a busymessage. The busy message is used to notify a calling user that thecalled user is currently engaged in another call. The present inventionexpands upon this concept by adding the ability to change the voicemailmessage and/or the busy message a calling user receives based upon theavailability status.

As previously described with regard to the PTT and IM embodiments, theavailability status in the form of text is updated to reflect acontact's new status. This text can be preset or user-defined.Similarly, the present embodiment allows a user to select from a numberof preset voicemail messages or record their own message for eachavailability status. For example, if a user is busy watching televisionthe voicemail message can reflect that and optionally can provide a timewhen that user will be available. Similar functionality can be providedfor busy messages. It is contemplated that any number of voicemailand/or busy messages can be utilized.

At step 5516, the availability status is sent to a voicemail server (notshown) on the RAN 116 or other serving network. The voicemail message orbusy message for the user is then updated based upon the receivedavailability status (5518). The method 300 ends at step 5520.

The law does not require and it is economically prohibitive toillustrate and teach every possible embodiment of the present claims.Hence, the above-described embodiments are merely exemplaryillustrations of implementations set forth for a clear understanding ofthe principles of the invention. Variations, modifications, andcombinations may be made to the above-described embodiments withoutdeparting from the scope of the claims. All such variations,modifications, and combinations are included herein by the scope of thisdisclosure and the following claims.

We claim:
 1. A system comprising: a presence device that detects afacial expression of a user associated with a mobile communicationsdevice to determine an emotional state of the user, and determines basedupon the emotional state, a presence of the user; a set-top box incommunication with the presence device; a transceiver; a processor; anda memory that stores computer-executable instructions that, whenexecuted by the processor, cause the processor perform operationscomprising obtaining, from the set-top box, program data from a programsignal, the program data comprising information indicating a timeremaining until a program signal change, determining an availabilitystatus of the user based upon the presence and the program data, theavailability status indicating if the user is accepting communications,and transmitting, via the transceiver, the availability status to acommunications network to enable access to the availability status by arequesting mobile device in communication with the communicationsnetwork.
 2. The system of claim 1, wherein the presence device comprisesa facial recognition device.
 3. The system of claim 1, wherein thepresence device comprises a motion sensor.
 4. The system of claim 1,wherein the presence device comprises a voice recognition device.
 5. Thesystem of claim 1, wherein the presence device comprises a fingerprintrecognition device.
 6. The system of claim 1, wherein the presencedevice comprises a weight sensor configured to detect a weight of theuser for use in determining the presence.
 7. The system of claim 1,wherein the presence device comprises a component of the mobilecommunications device.
 8. The system of claim 1, wherein theavailability status is based upon a user preference.
 9. A methodcomprising: detecting a facial expression of a user associated with amobile communications device at a presence system, the presence systemcomprising a transceiver, a presence device, and a set-top box;determining, by the presence device, an emotional state of the user;determining, by the presence system, a presence of the user based uponthe emotional state; obtaining, at the presence system, program datafrom a program signal obtained by the set-top box, the program datacomprising information indicating a time remaining until a programsignal change; determining, by the presence system, an availabilitystatus of the user based on the presence and the program data, theavailability status indicating if the user is accepting communications;and transmitting, via the transceiver, the availability status to acommunications network to allow access to the availability status by arequesting mobile device in communication with the communicationsnetwork.
 10. The method of claim 9, further comprising identifying theuser based upon the presence data.
 11. The method of claim 9, furthercomprising determining a viewing behavior of the user.
 12. The method ofclaim 11, wherein determining the availability status further comprisesdetermining the availability status based upon the viewing behavior. 13.The method of claim 11, wherein transmitting the availability statusfurther comprises transmitting the viewing behavior.
 14. The method ofclaim 11, further comprising monitoring the viewing behavior.
 15. Themethod of claim 14, wherein determining the availability comprisesdetermining, based upon the viewing behavior, the availability status.16. A device comprising: a transceiver; a processor; a memory storingcomputer-executable instructions that, when executed by the processor,cause the processor to perform operations comprising receiving, by thetransceiver, an availability status generated by a presence systemassociated with a user of a mobile communications device, theavailability status indicating a presence of the user and a time until achange of a program signal associated with the user, displaying theavailability status indicating that the user is unavailable, a timeframeduring which the user is unavailable, the timeframe comprising anindication of a time remaining until a change of the program signal asindicated in the availability status, and play, via an audio device, amessage indicting that the user is unavailable, the timeframe whenduring which the user is unavailable, the timeframe comprising theindication of the time remaining until the change of the program signalas indicated in the availability status.
 17. The device of claim 16,wherein the message comprises a voice message for the remote mobiledevice user.
 18. The device of claim 16, further comprising a presencedevice for detecting a presence, the presence device comprising aproximity sensor.
 19. The device of claim 16, wherein thecomputer-executable instructions, when executed by the processor, causethe processor to perform operations further comprising: generating arequest for the availability status; and transmitting the request to thepresence system.
 20. The device of claim 16, wherein thecomputer-executable instructions, when executed by the processor, causethe processor to perform operations further comprising: generating arequest for the availability status, the request comprising anindication that the mobile communications device is to be powered on todetermine the availability status; and transmitting the request to thepresence system.